- 1 - NC: 2025:KHC-D:5043-DB WA No. 100098 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.100098 OF 2025 (S-R) BETWEEN: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO THE REVENUE DEPT., M.S. BUILDING, DR. B.R. AMBEDKAR VEEDI, BENGALURU-560 001. 2. THE SPECIAL PENSION OFFICER, PENSION AND DEPARTMENT OF FINANCE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDI, BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER, KOPPAL, DIST. KOPPAL-583231. 4. THE TAHASILDAR, YELABURGA, YELABURGA TALUK, KOPPAL DISTRICT-583231. …APPELLANTS (BY SRI. V.S. KALASURMATH, AGA) AND: SMT. PRABHAVATI KULKARNI, W/O LATE GURURAJ @ GURURAJRAO KULKARNI, AGE: 69 YEARS, OCC: HOUSEHOLD WORK, R/O BOMMANAHAL, POST NILOGAL, TQ. KUSTAGI, DIST. KOPPAL-583280. …RESPONDENT THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.102137/2018 (S-R) DATED 26.03.2018 & ETC., ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5043-DB WA No. 100098 of 2025 THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present intra-court appeal is filed under Section 4 of the Karnataka High Court Act, 1961, by the State calling in question the order dated 26th March 2018 passed in W.P. No.102137/2018. 2. I.A. No.3/2025 is filed for condonation of delay of 2446 days in filing the appeal. 3. Notwithstanding I.A. No.3/2025, the learned Additional Government Advocate was called upon to make his submissions on the merits of the matter. 4. The relevant factual matrix leading to the present appeal are that as the pensionary benefits of the husband of the respondent/writ petitioner who died on 04.05.1990 while in service were not settled, application No.1102/2002 was filed - 3 - NC: 2025:KHC-D:5043-DB WA No. 100098 of 2025 before the Karnataka State Administrative Tribunal, Bengalore1, which was allowed vide order dated 27.03.2002 and the KAT ordered for payment with interest on the delayed payment of pension. The said order was called in question by the State in W.P No.27377/2004, which was dismissed by a Co-ordinate Bench of this Court vide order dated 26.09.2008, confirming the order of the KAT, pursuant to which, the Tahasildar, Yalburgi, prepared details of payment of DCRG, pension, leave salary and other emoluments in favour of petitioner as per Annexure-C to the writ petition, which shows a total amount of ₹2,16,649/- was payable. 5. The writ petitioner once again approached the 4th respondent/Tahasildar regarding payment of interest vide representation dated 24.08.2012 and a proposal was sent to the government regarding payment of interest. Thereafter, various correspondences were exchanged and no decisions have been taken, the petitioner filed the writ petition. The learned Single Judge has noticed that since more than a decade, the writ petitioner had been fighting for the pensionary benefits of her 1 Hereinafter referred to as the ‘KAT’ - 4 - NC: 2025:KHC-D:5043-DB WA No. 100098 of 2025 husband. The learned Single Judge, vide the impugned order dated 26th March 2018, allowed the writ petition and directed respondents No.1 and 2 therein, who are the appellants No.1 and 2 herein, to make payment of arrears as per Annexure-C to the writ petition as recommended by the Tahasildar and the Deputy Commissioner and also payment of entire arrears along with costs. 6. It is relevant to note that the learned Single Judge, at paragraph 5 of the impugned order noticing the fact-situation, has held that the appellants No.1 and 2 are lethargic in not properly considering the representation of the writ petitioner, who is a widow aged more than 62 years, and that she has been made to run from pillar to post. It is further observed that an unfortunate situation was created by the respondents in not considering her representation as early as possible. The learned Single Judge expressed hopes that the appellants No.1 and 2/respondents No.1 and 2 would, at least after the order is passed in the writ petition, do the needful in the matter. It is also necessary to note that the learned Single Judge had directed the Registry of this Court to send a copy of the order to the Chief Secretary, Government of Karnataka, to look into the - 5 - NC: 2025:KHC-D:5043-DB WA No. 100098 of 2025 matter and implement the order in ‘letter and spirit’ as expeditiously as possible. 7. It is sought to be contended in the present appeal that the State did not have an opportunity to contest the writ proceedings and that they are not liable to pay interest. The said contention ex facie untenable and liable to be rejected, since the learned Single Judge has directed payment of amounts as assessed by the Tahasildar, Yalburgi (Annexure-C to the writ petition). It is relevant to note that the same was prepared on 11.04.2002 more than 20 years ago and payment even in terms of the said amount of ₹2,16,649/- has not been paid till date. It is also relevant to note that the present round of litigation is virtually the second round of litigation. The amounts that have been calculated in terms of Annexure-C to the writ petition are liable to be paid by the State without any further delay. 8. In I.A. No.3/2025, which has been filed to condone the inordinate delay of 2446 days. In the application apart from mentioning about the exchange of correspondence between the relevant officials of the State, there is no other ground that has been stated for condonation of delay. - 6 - NC: 2025:KHC-D:5043-DB WA No. 100098 of 2025 9. The present case is classic one which is required to be dismissed by imposing exemplary costs. Hence, the above appeal as also I.A. No.3/2025 are dismissed with costs of Rs.2,00,000/- payable by the appellants No.1 and 2 to the writ petitioner. 10. Arrears of pension in terms of the impugned order dated 26th March 2018 passed in W.P. No.102137/2018 together with costs to be paid to the respondent/writ petitioner within two weeks from the date of this order. 11. Pending interlocutory applications, if any, stand disposed of as they do not survive for consideration. 12. Registry is directed to send a copy of this judgment to the respondent through RPAD. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 9